The New Year rings in two traditional lists. “Resolutions”entail too much work for many. On the other hand, “predictions”often prove entertaining twice, once upon the original reading andagain 12 months later as the author eats humble pie. No sooner thanthe ball falls in Times Square than do budding Nostradamuses risefrom the shadows of Auld Lang Syne and begin opining on theimmediate future of their chosen fields.
Thus do I fearlessly embark on this list of three Sure-Fire 401kPredictions for 2012:
1) By the end of the first quarter, we’ll havetwo competing regulatory versions of the Fiduciary Standard (bothof which will compete with a third legal version of “fiduciary”).The SEC will soon pronounce a Fiduciary Standard representingneither a true meaning of fiduciary nor a true standardization.Nearly all will complain. Around the same time, the Department ofLabor will reissue its new Fiduciary Rule, which will satisfy mostsave for the most conflicted service providers and the strictestadherents of fiduciary law. Speaking of law, neither regulator willhonor or recognize eight centuries of tradition and trust law andboth will continue to permit what trust law would normally declarea “prohibited self-dealing” transaction.
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